Mahendra Nath Tiwari, Son of Late Yamuna Tiwari vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 313

SUJIT NARAYAN PRASAD
Mahendra Nath Tiwari, Son of Late Yamuna Tiwari – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Saurav Arun, Mr. Sharon Kerketta, Advocate, Mr. Oishi Das, Advocate, Mr. Shresth Gautam, Adv, Mr. Yogendra Yadav, Adv, Mr. R. Singh, Adv., Mr. Om Prakash, Adv
For the Respondent:Mr. Darshana Poddar Mishra, Mr. Suresh Kumar, Mr. Reepak Kumar Singh, Mr. Anoop Kumar Mehta, Adv, Mr. Amit Kumar Sinha, Adv., Mr. Manish Kumar, Adv., Dr. Ashok Kumar Singh, Adv, Ms. Shivani Singh, Advocate

Judgement Key Points

How to determine the admissibility of leave encashment up to 300 days for university employees under UGC Regulation, 2018 in Jharkhand? What is the status and date from which gratuity of Rs. 20,00,000/- must be paid to teaching staff at par with State Government employees under amended Section 71 of the Jharkhand University Act? What are the rights of petitioners regarding recovery of excess leave encashment/ gratuity payments already disbursed prior to the Court’s decision?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

How to determine the admissibility of leave encashment up to 300 days for university employees under UGC Regulation, 2018 in Jharkhand?

What is the status and date from which gratuity of Rs. 20,00,000/- must be paid to teaching staff at par with State Government employees under amended Section 71 of the Jharkhand University Act?

What are the rights of petitioners regarding recovery of excess leave encashment/ gratuity payments already disbursed prior to the Court’s decision?

JUDGMENT :

All the writ petitions since are having common issues as such they were tagged to be heard together and with the consent of learned counsel for the parties they are taken up together and are being disposed of by this common order.

2. Prayer in W.P. (S) No. 793 of 2021

(a). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondents to consider the case of the petitioner for payment of Leave Encashment at par with the non-teaching employees of the College and the University of the State and also full gratuity of Rs. 20,00,000/- as per 7th Pay Revision with effect from 01.01.2016 at par with the State Govt. Employees and Officers as per Rules and Regulation;

(b). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondents to pay the Leave Encashment and Gratuity amount immediately and forthwith;

(c). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of certiorari for quashing of letter dated 28.07.2022 (Annexure 11) by which the cut-off date has been fixed for grant of Leave Encashment for the University employees

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2023 Supreme(Jhk) 313

SUJIT NARAYAN PRASADMahendra Nath Tiwari, Son of Late Yamuna Tiwari – AppellantVersusState of Jharkhand – Respondent

How to determine the admissibility of leave encashment up to 300 days for university employees under UGC Regulation, 2018 in Jharkhand?

What is the status and date from which gratuity of Rs. 20,00,000/- must be paid to teaching staff at par with State Government employees under amended Section 71 of the Jharkhand University Act?

What are the rights of petitioners regarding recovery of excess leave encashment/ gratuity payments already disbursed prior to the Court’s decision?

Cases Referred (6)

SUJIT NARAYAN PRASAD
Mahendra Nath Tiwari, Son of Late Yamuna Tiwari – Appellant
Versus
State of Jharkhand – Respondent